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(영문) 광주지방법원 2020.08.28 2020가단502489
대여금
Text

Defendant C shall pay 50,00,000 won to each of the plaintiffs and 12% per annum from February 11, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. On December 13, 2011, the deceased E (the deceased’s death on August 201, 201; hereinafter “the deceased”) and the Defendant C drafted a “agreement on joint development of real estate on the real estate owned by the deceased (the 31,931 square meters in Yongnam-gun, Youngnam-gun, G forest, 989 square meters in size, 316 square meters in size in G forest, H forest, 316 square meters in size, and 3 Dong-dong and other above F forest, and hereinafter “instant real estate”).

(hereinafter referred to as “instant joint development agreement”). B.

According to the joint development agreement of this case, the defendant C shall determine a certain amount of the land price to the deceased in return for the joint project and pay the price to the deceased. (2) The defendant C shall not claim all expenses for the deceased under the pretext of the joint development. (3) The development direction of this development project and the consortiumb shall exercise overall control over all the affairs related to the implementation determined and implemented by the defendant C under the responsibility of the defendant C, and receive development profits. (4) The price of the land of the deceased shall be paid in preference to other expenses according to the ratio of the land from the proceeds from the sale by lots after the commencement of the project. In such case, the deceased shall transfer the ownership of the relevant parcel to the buyer, and (5) In such a case, the contract shall be valid for one year and six months after the conclusion of the contract, and shall be extended by three months after consultation,

C. The written agreement for the payment of land price, prepared and attached along with the instant joint development agreement, is determined by the Defendant C to pay the deceased the price of KRW 1,500,000,000 in return for the joint project and to transfer the said price to the Deceased up to January 20, 2012, with the payment of KRW 150,000,000 as the down payment.

On February 24, 2012, the Plaintiffs received the instant joint development agreement, the agreement for payment of land price, etc. from Defendant C, and decided to lend money for the instant real estate development project, and 50.

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